According to Richard Sander, a professor at UCLA, it does. Sander has published research where he claims that Affirmative Action forces law firms to hire African Americans even when they are not prepared to take on the rigorous job requirements.
He argues that this puts African Americans in a position where they cannot perform up to standards, and thus get passed over for promotions.
What do you think? Read the full article then sound off in comments or in the forums.
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The Equal Justice Society and many other groups and individuals believe that Prof. Sander’s lawsuit is without merit. The suit would compel the State Bar to ignore laws regarding the privacy of bar exam takers and the confidentiality of personally identifiable data. The suit demands such information for use in a study widely criticized as employing unsound methodology.
The information provided to the Bar by exam applicants cannot be disclosed by the Bar, irrespective of its relevance in a public policy debate, because state and federal law precludes its disclosure absent consent.
Federal law protects the privacy of these educational records as well. One’s private records do not become public records, accessible to anyone, simply because a person applies to take a state exam and becomes part of a database.
It should be disturbing that Prof. Sander’s research conclusions largely remain uncorroborated. Since Sander’s article on the mismatch theory was published almost four years ago, “I have been unable to find a published article or working paper in an academic venue that defends Sander’s work, other than his own,” wrote Washington University School of Law associate professor Katherine Y. Barnes.
That Sander has a right to advocate his position is undeniable. What he does not have is a right to acquire personal and confidential information of bar exam takers when the law mandates otherwise.
Read a commentary by Anthony Solana, Jr., president and chairperson of For People of Color, Inc., and Sara Jackson, the Equal Justice Society Judge Constance Baker Motley Civil Rights Fellow, here:
http://www.equaljusticesociety.org/keith/2008/09/privacy-not-political-correctness.html
You make good points Keith. I was wondering how far someone like Sander would actually get in these allegations.
If private records are indeed private, then he can rant all he wants – right?